Bill Text: NY S04607 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts the New York state comprehensive flood mitigation grant act and appropriates $10,000,000 therefor.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO FINANCE [S04607 Detail]

Download: New_York-2013-S04607-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4607
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2013
                                      ___________
       Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         enacting  the New York state comprehensive flood mitigation grant act;
         making an appropriation therefor and providing for the repeal of  such
         provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "New York state comprehensive flood mitigation grant act".
    3    S  2.  The  environmental  conservation law is amended by adding a new
    4  section 16-0121 to read as follows:
    5  S 16-0121. COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM.
    6    1. THE COMMISSIONER SHALL ESTABLISH A PROGRAM WHICH SHALL BE KNOWN  AS
    7  THE  "COMPREHENSIVE FLOOD MITIGATION GRANT PROGRAM". THE PURPOSE OF THIS
    8  PROGRAM IS TO AID MUNICIPALITIES WITH A  POPULATION  OF  LESS  THAN  ONE
    9  MILLION PEOPLE TO IMPLEMENT FLOOD MITIGATION PLANS.
   10    2.  (A)  THE COMMISSIONER SHALL ESTABLISH THE ELIGIBILITY CRITERIA AND
   11  DEVELOP AN APPLICATION PROCESS TO AWARD  GRANTS  TO  MUNICIPALITIES  FOR
   12  FLOOD  CONTROL  AND  WATERSHED  MANAGEMENT PROJECTS; AND FOR THE CAPITAL
   13  COSTS RELATED TO THE DESIGN, PURCHASE AND INSTALLATION OF FLOOD  WARNING
   14  PROJECTS,  FLOOD  MITIGATION  PROJECTS,  FLOOD  RELIEF PROJECTS OR OTHER
   15  RELATED PROJECTS.
   16    (B) THE COMMISSIONER MAY APPROVE ANY APPLICATION IN WHICH THE PROJECTS
   17  DESCRIBED IN THE APPLICATION ARE (I)  CONSISTENT  WITH  THE  ELIGIBILITY
   18  CRITERIA  ESTABLISHED  BY  THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OF
   19  THIS SUBDIVISION; (II) UNDERTAKEN  AS  PART  OF  A  COMPREHENSIVE  FLOOD
   20  MANAGEMENT  PLAN  PREPARED AND ADOPTED BY SUCH MUNICIPALITY OR PART OF A
   21  MULTI-MUNICIPAL PROJECT  AS  DESCRIBED  IN  SUBDIVISION  THREE  OF  THIS
   22  SECTION; AND (III) NOT INCONSISTENT WITH ANY STATE-WIDE FLOOD MANAGEMENT
   23  PLAN.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08495-05-3
       S. 4607                             2
    1    (C) IF AN APPLICATION IS DISAPPROVED, THE COMMISSIONER SHALL SET FORTH
    2  IN WRITING THE REASON FOR DISAPPROVAL.
    3    3.  RECOGNIZING  THAT  FLOOD  MITIGATION EFFORTS FREQUENTLY CROSS OVER
    4  MUNICIPAL BOUNDARIES, THE COMMISSIONER SHALL ENCOURAGE MUNICIPALITIES TO
    5  FILE JOINT APPLICATIONS FOR THE  FUNDING  OF  MULTI-MUNICIPAL  PROJECTS.
    6  SUCH  PROJECTS  SHALL  REQUIRE  THAT ONE OR MORE ADJACENT MUNICIPALITIES
    7  JOINTLY AGREE TO APPLY FOR CAPITAL FUNDING FOR PROJECTS THAT IMPACT  TWO
    8  OR MORE MUNICIPALITIES, PROVIDED THAT THE GOVERNING BODY OF EACH MUNICI-
    9  PALITY SHALL APPROVE THE MULTI-MUNICIPAL APPLICATION.
   10    4.  THE DEPARTMENT AND ELIGIBLE MUNICIPALITIES SHALL COORDINATE ACTIV-
   11  ITIES UNDER THIS SECTION  WITH  ALL  RELATED  STATE  AND  FEDERAL  FLOOD
   12  PROGRAMS.
   13    S  3. The sum of ten million dollars ($10,000,000) is hereby appropri-
   14  ated to the department of environmental conservation out of  any  moneys
   15  in  the  state  treasury  in the general fund to the credit of the state
   16  purposes account,  not  otherwise  appropriated,  and  made  immediately
   17  available,  for  the purpose of carrying out the provisions of this act.
   18  Such moneys shall be payable on the audit and warrant of the comptroller
   19  on vouchers certified or approved by the commissioner of the  department
   20  of environmental conservation in the manner prescribed by law.
   21    S 4. This act shall take effect on the one hundred twentieth day after
   22  it  shall  have  become  a  law  and shall expire and be deemed repealed
   23  December 31, 2023.